Crim Pro Exam I

Rule of Evidence

What evidence will be presented to the judge and jury for evaluation, and what evidence will not

• Ensure rights and a fair trial, safe guards the public

Ordeals

A medieval method of proof that was an appeal to God to determine guilt or innocence

• A titled person or one of noble birth could demand trial by battle to determine his guilt or innocence (losing would show guilt)

  • Ex: sword fight

Magna Carta

Signed by King John of England, it created the first standards for arresting and imprisoning those accused of crimes

• King could punish anyone he wanted

Habeas Corpus

A safeguard against the illegal or improper holding of a person against their will

• “You have the body”

The Bills of Right

U.S. Constitution protects the privilege of habeas corpus and prohibits abuses

• Provided that all federal officials, including the President, convictions of high crimes and misdemeanors

  • Ratified in 1788

4th Amendment

Protection against unreaonsonable searches and seizures

5th Amendment

Right to stay silent (due process)

6th Amendment

Right to a speedy, public, jury trial

8th Amendment

Prevents excessive bail and cruel or unusual punishment

14th Amendment

Due process

Presumption of Innocence

The legal presumption required in all criminal courts is that the defendant is innocent until sufficient credible evidence is produced to carry the burden of proving guilt beyond a reasonable doubt

Proof beyond a reasonable doubt

The burden that the prosecution must meet in proving guilt in criminal cases; applies to every element of the crime charged

A person charged with a crime has a right to

1. A perfect trial

2. A speedy trial

3. A private (not public) trial

4. The assistance of a lawyer for their defense

5. Compel witnesses to appear in their defense

6. Not to be tried more than once for the same

7. Due process

8. Impartial jury

9. Not to take the witness stand in their criminal trial (right to remain silent)

10. Make false statements in court under oath

11. See and hear witnesses as they testify in court

12. Cross-examine witnesses

13. Be informed of the charge or charges

14. Be tried in the county in which the crime was committed

15. An unbiased judge

16. A defense lawyer who believes the defendant to be innocent

17. Reasonable bail if bail is set

Peremptory Challenges

To strike a limited number of potential jury members without giving a reason

• Defendants can use the challenge to exclude a juror who is otherwise qualified but who, the defendant believes, might not be sympathetic to his case

Batson v. Kentucky (1989)

Prohibited use of peremptory challenges to exclude jurors based on race of juror

Trial in absentia

A criminal proceeding in a court of law in which the person being tried is not present

Presentment juries

English forerunners to grand juries; gave information that crimes had been committed

• Group of citizens to decides if there is enough evidence to charge someone with a crime

Probable cause

The amount of evidence required by the 4th Amendment to make an arrest or to issue a search warrant is greater than reasonable suspicion but can be less than proof or reasonable doubt

48 Hour Rule

Requires law enforcement to bring a person arrested without a warrant before a judge for a probable cause determination within 48 hours, or else release them

Federalism

Division of power between state governments and the federal government, in which the federal government has specified powers delegated to it, with the remaining powers vested in the states

• Federalism as applied to criminal justice means the federal government may pass criminal laws only in the specific areas delegated to the federal government by the U.S. Constitution. States have the power to pass criminal laws in all areas, unless such law conflict with rights protected by the Constitution

10th Amendment

The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States respectively, or to the people

Federal Rules of Evidence

Codification in 1975 of common-law rules of evidence; applicable only in federal courts but provides the model for most state evidence codes

Common Law

Legal rules that evolved over many years in English and American Court opinions

American adversary